Oregon Standoff Latest: Prosecutors Say Seized Guns Were For Intimidating and Threatening Federal Officers

"It is my belief that all of the firearms described in this declaration had been brought to or near MNWR (Malheur National Wildlife Refuge) grounds by the indicted and unindicted occupiers prior to seizure for the purpose of impeding, intimidating, and threatening federal officers from discharging their duties."

That's FBI agent Katherine Armstrong in an affidavit filed Friday spelling out why she believes the 50 guns seized by the federal government after the 41-day armed occupation of the refuge are subject to forfeiture.

Civil forfeiture laws give the government 120 days after the seizure to file paperwork to take possession.

"It is evident from the statements and actions of the armed occupiers that the open carry, display, and talk of weapons and need to use force if confronted by federal agents, was done for the purpose of threatening and intimidating federal officials from discharging their duties," Armstrong writes.

In court papers, Armstrong quotes several of the occupiers discussing the possible use of force.

“I’m right now in the process of trying to set up a constitutional security protection force to make sure that these federal agents and these law enforcement don’t just come in here like cowboys, that’s we have to prevent that," she quotes Joseph O'Shaughnessy saying in an interview broadcast by Pete Santilli.

Both are among the 27 people who have been indicted in connection with the takeover

  Federal Complaint to Seize Oregon Standoff Guns

Armstrong also quotes occupation leader Ammon Bundy from a nationally televised appearance.

"We are serious about being here," she quotes him as saying. "We’re serious about defending our rights, and we are serious about getting some things straightened out."

Armstrong says that when Bundy was then asked if the occupation would lead to violence, he replied: "Only if the government wants to take it there."

Another of the occupation leaders, Ryan Payne, "provided guidance to other occupiers concerning tactics, and occupiers were placed into teams to split up guard shift and patrol duties," Armstrong writes.

"When not on duty, some teams would practice patrol movements. There was firearm training at the refuge as well, though not all occupiers participated."

In all, the government found 50 guns in and around the refuge as well as hundreds of rounds of ammunition.

In addition, Armstrong writes that more 1,600 spent shell casings. 

While this was happening in civil court, in criminal court, a setback for prosecutors as the judge in the case again the remaining 24 defendants - two have pleaded not guilty - dismissed a weapons charge against eight of the defendants.

U.S. District Judge Anna Brown dismissed the charge of using and carrying firearms in the course of a crime of violence.

She said that the prosecution's contention that the defendants stopped federal workers from doing their job through intimidation and threats of force did not necessarily mean they had had threatened the use of physical force.